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Original poster

Property legalities and inheritance

14 replies

nikkib1967 · 14/08/2019 19:43

Hi, hoping someone may be able to give me some advice. I have lived in my fathers house / family home for the past 19 years with my son. My father remarried and moved to Spain in 2003 with my step mum. My mum died 21 years ago. My and my son have lived at the family home ever since and rented to my father. I have spent money and carried out repairs and done the house up with new kithchen, floorings, decorated etc over the years. Anyway my father and step mum announced last week that they want to sell the home, downsize an dhvae found an apartment. My father has said he will give me some money for a deposit and that when he dies the new apartment will go to me. It’s in his will. I have asked the question if he dies won’t the property go to my step mum? Anyway he has reassured me that it won’t...but I am really sceptical and concerned. I don’t have enough spare money to pay for legal advice and so would very much appreciate any advice. The sale of the family home will enable my father and step mother to have a very comfortable life but I’m really worried that I will be left with nothing especially if he dies before my step mother. In effect they will be spending a large amount of my inheritance ..... i am pretty shellshocked at this moment in time.

OP posts:
Original poster
nikkib1967 · 14/08/2019 19:45

i, hoping someone may be able to give me some advice. I have lived in my fathers house / family home for the past 19 years with my son. My father remarried and moved to Spain in 2003 with my step mum. My mum died 21 years ago. My and my son have lived at the family home ever since and rented to my father. I have spent money and carried out repairs and done the house up with new kithchen, floorings, decorated etc over the years. Anyway my father and step mum announced last week that they want to sell the home, downsize an dhvae found an apartment. My father has said he will give me some money for a deposit and that when he dies the new apartment will go to me. It’s in his will. I have asked the question if he dies won’t the property go to my step mum? Anyway he has reassured me that it won’t...but I am really sceptical and concerned. I don’t have enough spare money to pay for legal advice and so would very much appreciate any advice. The sale of the family home will enable my father and step mother to have a very comfortable life but I’m really worried that I will be left with nothing especially if he dies before my step mother. In effect they will be spending a large amount of my inheritance ..... i am pretty shellshocked at this moment in time.

OP posts:
Countrylifeornot · 14/08/2019 19:47

OP, they can spend what they want, it's not your inheritance until he's dead, it's their money.
Why do you think your father should be responsible for your housing costs?
You come across as a bit bonkers..

superram · 14/08/2019 19:48

The problem is is that it isn’t your house and you have no claim on it. You don’t have a leg to stand on legally. You could ask for the money back you have paid in repairs.

superram · 14/08/2019 19:50

That’s why my parents own their home 50/50 so I inherit each half-not sure I’d agree to that if I was your step mum as I’m selfish.

HeadintheiClouds · 14/08/2019 19:54

they will be spending a large amount of my inheritance. Shock
Are you serious??

wowfudge · 14/08/2019 20:10

Your dad has provided you with a home and made provision for you in his will. What more do you want?

MirrorHope · 14/08/2019 20:16

It's your father's money he's not dead.

It's not your inheritance. I know you've done the repairs but he said he'll give you a deposit - so won't that remediate any loss? Also have you ever paid rent?

HeadintheiClouds · 14/08/2019 20:24

If any of my kids admonished me for spending my own money on the grounds that it wasn’t just my money, it was their inheritance, I’d ensure they never saw a penny of it.
What a grotesque mindset to have.

MaybeitsMaybelline · 14/08/2019 21:20

^ this. Astounded OP

Malvinaa81 · 15/08/2019 10:50

Well OP you have been rightly told about your idea of "your" inheritance. The notion that it is yours is absurd, and you do come over as grasping and entitled.

But as regards what you should do- well take the money offered as a deposit and buy somewhere commensurate with your means.

And also try to be less resentful to your father and his wife- his planned actions seem more than reasonable.

Furthermore have no expectations as to the apartment; that may well go to the surviving wife.

As to the improvements you made to your father's house, well if you choose to improve a rented property you can't really get the money back when it's sold, can you?

cinnabunbun · 15/08/2019 11:16

In my not professional opinion, it does seem true that you have no claim on the house. However after paying rent there and living in it for 19 years, doing repairs and improvements etc, and feeling that you will eventually inherit it in full from your father, I can see why you have a more complicated emotional response to it all. Perhaps you would have made a different choice 19 years ago and have been paying a mortgage on your own property rather than paying rent to your dad if you had known in advance?

Are you in a position to finance the rest of the mortgage if your dad gives you a sizeable deposit?

I think it's ok to acknowledge that you had hopes of inheritance. Obviously it's your Dad's money and not yours but I'm sure thousands of people feel disappointed when their parent's assets are sold off to pay for their care in old age rather than being passed down. It may even be a sensible move for him to pass down money to you now rather than it be used to pay for any health and social care support he may need in the future if he is that way inclined politically.

NotDavidTennant · 15/08/2019 11:25

Do they want to but the new apartment in the UK or Spain? The law will be different depending on which country they are in.

wowfudge · 15/08/2019 15:32

The situation re: wills and probate, etc is not that different. Spanish wills have to be registered centrally once signed before a notary. Presumably the OP knows who her father's solicitor is if he has an English will.

I don't think she's coming back to the thread given the responses she's had. I searched her posting history - because I found this thread quite odd - and she has a checkered financial history and it seems her father has made sure she always had a home. My guess is that she thought she would inherit the house, not a flat in Spain. Given that her father has remarried, he could have left his estate to his second wife, but has made provision for his daughter.

wowfudge · 15/08/2019 16:28

Just re-read the OP and it's not clear where the father and his wife are going to buy a flat.

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